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CR.MA/11554/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11554 of 2008
In
CRIMINAL
MISC.APPLICATION No. 1492 of 2006
======================================
NATHALAL
LAXMIDAS KOTAK & another
Versus
STATE
OF GUJARAT
======================================
Appearance :
MR
SP MAJMUDAR for Applicants
Mr.
S.P. Hasurkar, Additional Public Prosecutor for the
respondents
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/09/2008
ORAL
ORDER
1 Rule.
Learned Additional Public Prosecutor waives service of Rule.
2 By
this application, the applicants seek modification of condition Nos.
[iii] and [iv] of the order dated 21.2.2006 passed by this Court in
Criminal Misc. Application No.1492 of 2006, which read as under:
?S[iii] The
applicants shall surrender their passport if any, to the lower court
within a week;
[iv] The
applicants shall not leave the State of Gujarat without prior
permission of the Sessions Judge concerned.??
3 Accordingly,
the applicants have surrendered their passports to the lower court.
4 Mr.
Majmudar, learned counsel for the applicants, submits that the
charge sheet is already filed and the investigation is over and the
applicants have been scrupulously complying with all the conditions
of the order dated 21.2.2006 passed by this Court in Criminal Misc.
Application No.1492 of 2006. He further submits that the applicants
are required to travel out of country for business purpose and, for
that purpose, they need passports.
5 Heard
learned Additional Public Prosecutor.
6 Having
heard the learned counsel for the parties and in the facts and
circumstances of the case, condition Nos. [iii] and [iv] of the order
dated 21.2.2006 passed by this Court in Criminal Misc. Application
No.1492 of 2006, stand deleted. The applicants are directed to
furnish their itinerary about their whereabouts as and when they want
to leave the country and report to the trial court on their return to
the country. Other conditions shall remain as they are.
7 It
is open to the applicants to apply for return of passports to the
trial court and trial court is directed to pass orders accordingly.
8 Rule
is made absolute. D.S. Permitted.
(ANANT
S. DAVE, J.)
(swamy)
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